Philosophy of Law: A Very Short Introduction

Raymond Wacks

Description

The concept of law lies at the heart of our social and political life, shaping the character of our community and underlying issues from racism and abortion to human rights and international war. Legal philosophy, or jurisprudence, explores the notion of law and its role in society, illuminating its meaning and its relation to the universal questions of justice, rights, and morality.

In this Very Short Introduction Raymond Wacks analyzes the nature and purpose of the legal system, and the practice by courts, lawyers, and judges. Wacks reveals the intriguing and challenging nature of legal philosophy with clarity and enthusiasm, providing an enlightening guide to the central questions of legal theory.

In this revised edition Wacks makes a number of updates including new material on legal realism, changes to the approach to the analysis of law and legal theory, and makes updates to historical and anthropological jurisprudence.

About the Series:Oxford's Very Short Introductions series offers concise and original introductions to a wide range of subjects--from Islam to Sociology, Politics to Classics, Literary Theory to History, and Archaeology to the Bible. Not simply a textbook of definitions, each volume in this series provides trenchant and provocative--yet always balanced and complete--discussions of the central issues in a given discipline or field. Every Very Short Introduction gives a readable evolution of the subject in question, demonstrating how the subject has developed and how it has influenced society. Eventually, the series will encompass every major academic discipline, offering all students an accessible and abundant reference library. Whatever the area of study that one deems important or appealing, whatever the topic that fascinates the general reader, the Very Short Introductions series has a handy and affordable guide that will likely prove indispensable.

Philosophy of Law: A Very Short Introduction

Raymond Wacks

Author Information

Raymond Wacks is Emeritus Professor of Law and Legal Theory. His areas of interest are legal theory, privacy, and human rights, and he has published numerous books and articles on various aspects of law, including Understanding Jurisprudence: An Introduction to Legal Theory (OUP, 2012), Law: A Very Short Introduction (OUP, 2008), and Privacy: A Very Short Introduction (OUP, 2010).

Philosophy of Law: A Very Short Introduction

Second Edition

Raymond Wacks

From Our Blog

By Raymond Wacks The law is always news. It plays a central role of law in our social, political, moral, and economic life. But what is this thing called law? Does it consist of a set of universal moral principles in accordance with nature? Or is it merely a collection of largely man-made rules, commands, or norms? Does the law have a specific purpose, such as the protection of individual rights, the attainment of justice, or economic, political, and sexual equality? Can the law change society as it has done in South Africa?

Philosophy of Law: A Very Short Introduction

Raymond Wacks

Reading Guide

Questions for Thought and Discussion

Is Aquinas’s theory of natural law a restraint on unjust laws being enacted?

Why did the nineteenth century see a quietus in natural law theories?

Would Mill’s ‘harm principle’ permit the enactment of laws to restrict or control pornography or hate speech?

If we recognize the ‘right to life’ should active euthanasia be a criminal offence?

Is Fuller’s ‘inner morality of law’ really moral, or is Hart correct in characterizing his eight desiderata as relating merely to efficacy?

What are the main elements of Bentham’s positivist account of law, and what, in your view, are its virtues and drawbacks?

Bentham’s notion of a command is generally thought to be more sophisticated than Austin’s. Why?

Distinguish between Kelsen’s Grundnorm and Hart’s rule of recognition. Which do you find the more compelling conception?

What are Hart’s main criticisms of Austin’s account of commands?

Does Dworkin adequately define a ‘hard case’? Is his attack on the ‘model of rules’ convincing? Does his description of ‘rules’ oversimplify their nature and function?

‘Legal philosophers argue … about an ancient philosophical puzzle of almost no practical importance that has nevertheless had a prominent place in seminars on legal theory: the puzzle of evil law.’ (Ronald Dworkin, Justice for Hedgehogs, 410). Do you agree that this subject is ‘of almost no practical importance’?

What is a ‘right’?

Is John Rawls a Utilitarian?

In what ways does a sociological account advance our understanding of the law?

Can Weber’s account of legitimate domination explain Bashar al-Assad?

Is it possible for a Marxist to believe in the rule of law or human rights?